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This page features the full text of
Republic Act No. 6981
"Witness
Protection, Security and Benefit Act"
AN
ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM
AND
FOR OTHER PURPOSES.
REPUBLIC
ACT NO. 6981AN
ACT PROVIDING FOR A WITNESS PROTECTION, SECURITY AND BENEFIT PROGRAM
AND
FOR OTHER PURPOSES.
Section
1. Name of Act. — This Act shall
be known as the "Witness Protection, Security and Benefit Act."
chanrobles virtuallaw libraryred
Sec.
2. Implementation of Program.
— The Department of Justice, hereinafter referred to as the Department,
through its Secretary, shall formulate and implement a "Witness
Protection,
Security and Benefit Program", hereinafter referred to as the Program,
pursuant to and consistent with the provisions of this Act.chanrobles virtual law library
The
Department may call upon any department, bureau, office or any other
executive
agency to assist in the implementation of the Program and the latter
offices
shall be under legal duty and obligation to render such
assistance. chanrobles virtuallaw libraryred
Sec.
3. Admission into the Program.
— Any person who has witnessed or has knowledge or information on the
commission
of a crime and has testified or is testifying or about to testify
before
any judicial or quasi-judicial body, or before any investigating
authority,
may be admitted into the Program:
Provided,
That:
(a) the
offense in which his testimony will be used is a grave felony as
defined
under the Revised Penal Code, or its equivalent under special laws;(b) his
testimony can be substantially corroborated in its material
points; chanrobles virtuallaw libraryred
(c) he
or any member of his family within the second civil degree of
consanguinity
or affinity is subjected to threats to his life or bodily injury or
there
is a likelihood that he will be killed, forced, intimidated, harassed
or
corrupted to prevent him from testifying, or to testify falsely, or
evasively,
because or on account of his testimony; and
(d) he
is not a law enforcement officer, even if he would be testifying
against
the other law enforcement officers. In such a case, only the immediate
members of his family may avail themselves of the protection provided
for
under this Act.
If
the Department, after examination of said applicant and other relevant
facts, is convinced that the requirements of this Act and its
implementing
rules and regulations have been complied with, it shall admit said
applicant
to the Program, require said witness to execute a sworn statement
detailing
his knowledge or information on the commission of the crime, and
thereafter
issue the proper certification. For purposes of this Act, any such
person
admitted to the Program shall be known as the Witness.chanrobles virtual law library
Sec.
4. Witness in Legislative Investigations.
— In case of legislative investigations in aid of legislation, a
witness,
with his express consent, may be admitted into the Program upon the
recommendation
of the legislative committee where his testimony is needed when in its
judgment there is pressing necessity therefor: Provided, That such
recommendation
is approved by the President of the Senate or the Speaker of the House
of Representatives, as the case may be.chanrobles virtual law library
Sec.
5. Memorandum of Agreement With
the Person to be Protected. — Before a person is provided protection
under
this Act, he shall first execute a memorandum of agreement which shall
set forth his responsibilities including:
(a) to
testify before and provide information to all appropriate law
enforcement
officials concerning all appropriate proceedings in connection with or
arising from the activities involved in the offense charged; (b) to
avoid the commission of the crime;
(c) to
take all necessary precautions to avoid detection by others of the
facts
concerning the protection provided him under this Act;
(d) to
comply with legal obligations and civil judgments against him;
(e) to
cooperate with respect to all reasonable requests of officers and
employees
of the Government who are providing protection under this Act; and
(f) to
regularly inform the appropriate program official of his current
activities
and address.
Sec.
6. Breach of the Memorandum of
Agreement. — Substantial breach of the memorandum of agreement shall be
a ground for the termination of the protection provided under this Act:
Provided, however, That before terminating such protection, the
Secretary
of Justice shall send notice to the person involved of the termination
of the protection provided under this Act, stating therein the reason
for
such termination.chanrobles virtuallaw libraryred
Sec.
7. Confidentiality of Proceedings.
— All proceedings involving application for admission into the Program
and the action taken thereon shall be confidential in nature. No
information
or documents given or submitted in support thereof shall be released
except
upon written order of the Department or the proper court.chanrobles virtual law library
Any
person who violates the confidentiality of said proceedings shall upon
conviction be punished with imprisonment of not less than one (1) year
but not more than six (6) years and deprivation of the right to hold a
public office or employment for a period of five (5) years.cralaw:red
Sec.
8. Rights and Benefits. — The
witness shall have the following rights and benefits:
(a) To
have a secure housing facility until he has testified or until the
threat,
intimidation or harassment disappears or is reduced to a manageable or
tolerable level. When the circumstances warrant, the Witness shall be
entitled
to relocation and/or change of personal identity at the expense of the
Program. This right may be extended to any member of the family of the
Witness within the second civil degree of consanguinity or
affinity. chanrobles virtuallaw libraryred(b) The
Department shall, whenever practicable, assist the Witness in obtaining
a means of livelihood. The Witness relocated pursuant to this Act shall
be entitled to a financial assistance from the Program for his support
and that of his family in such amount and for such duration as the
Department
shall determine.chanrobles virtual law library
(c) In
no case shall the Witness be removed from or demoted in work because or
on account of his absences due to his attendance before any judicial or
quasi-judicial body or investigating authority, including legislative
investigations
in aid of legislation, in going thereto and in coming therefrom:
Provided,
That his employer is notified through a certification issued by the
Department,
within a period of thirty (30) days from the date when the Witness last
reported for work: Provided, further, That in the case of prolonged
transfer
or permanent relocation, the employer shall have the option to remove
the
Witness from employment after securing clearance from the Department
upon
the recommendation of the Department of Labor and Employment.
Any
Witness who failed to report for work because of witness duty shall be
paid his equivalent salaries or wages corresponding to the number of
days
of absence occasioned by the Program. For purposes of this Act, any
fraction
of a day shall constitute a full day salary or wage. This provision
shall
be applicable to both government and private employees.
(d) To
be provided with reasonable traveling expenses and subsistence
allowance
by the Program in such amount as the Department may determine for his
attendance
in the court, body or authority where his testimony is required, as
well
as conferences and interviews with prosecutors or investigating
officers.
(e) To
be provided with free medical treatment, hospitalization and medicines
for any injury or illness incurred or suffered by him because of
witness
duty in any private or public hospital, clinic, or at any such
institution
at the expense of the Program.
(f) If
a Witness is killed, because of his participation in the Program, his
heirs
shall be entitled to a burial benefit of not less than Ten thousand
pesos
(P10,000.00) from the Program exclusive of any other similar benefits
he
may be entitled to under other existing laws.
(g) In
case of death or permanent incapacity, his minor or dependent children
shall be entitled to free education, from primary to college level in
any
state, or private school, college or university as may be determined by
the Department, as long as they shall have qualified thereto.chanrobles virtuallaw libraryred
Sec.
9. Speedy Hearing or Trial. —
In any case where a Witness admitted into the Program shall testify,
the
judicial or quasi-judicial body, or investigating authority shall
assure
a speedy hearing or trial and shall endeavor to finish said proceeding
within three (3) months from the filing of the case.chanrobles virtual law library
Sec.
10. State Witness. — Any person
who has participated in the commission of a crime and desires to be a
witness
for the State, can apply and, if qualified as determined in this Act
and
by the Department, shall be admitted into the Program whenever the
following
circumstances are present: chanrobles virtuallaw libraryred
(a) the
offense in which his testimony will be used is a grave felony as
defined
under the Revised Penal Code or its equivalent under special laws;(b) there
is absolute necessity for his testimony;
(c) there
is no other direct evidence available for the proper prosecution of the
offense committed:
(d) his
testimony can be substantially corroborated on its material
points;
(e) he
does not appear to be most guilty; and
(f) he
has not at any time been convicted of any crime involving moral
turpitude.
An
accused discharged from an information or criminal complaint by the
court
in order that he may be a State Witness pursuant to Section 9 and 10 of
Rule 119 of the Revised Rules of Court may upon his petition be
admitted
to the Program if he complies with the other requirements of this Act.
Nothing in this Act shall prevent the discharge of an accused, so that
he can be used as a State Witness under Rule 119 of the Revised Rules
of
Court.
Sec.
11. Sworn Statement. — Before
any person is admitted into the Program pursuant to the next preceding
Section he shall execute a sworn statement describing in detail the
manner
in which the offense was committed and his participation therein. If
after
said examination of said person, his sworn statement and other relevant
facts, the Department is satisfied that the requirements of this Act
and
its implementing rules are complied with, it may admit such person into
the Program and issue the corresponding certification.chanrobles virtual law library
If
his application for admission is denied, said sworn statement and any
other
testimony given in support of said application shall not be admissible
in evidence, except for impeachment purposes.
Sec.
12. Effect of Admission of a
State Witness into the Program. — The certification of admission into
the
Program by the Department shall be given full faith and credit by the
provincial
or city prosecutor who is required not to include the Witness in the
criminal
complaint or information and if included therein, to petition the court
for his discharge in order that he can utilized as a State Witness. The
Court shall order the discharge and exclusion of the said accused from
the information.cralaw:red
Admission
into the Program shall entitle such State Witness to immunity from
criminal
prosecution for the offense or offenses in which his testimony will be
given or used and all the rights and benefits provided under Section 8
hereof.cralaw:red
Sec.
13. Failure or Refusal of the
Witness to Testify. — Any Witness registered in the Program who fails
or
refuses to testify or to continue to testify without just cause when
lawfully
obliged to do so, shall be prosecuted for contempt. If he testifies
falsely
or evasively, he shall be liable to prosecution for perjury. If a State
Witness fails or refuses to testify, or testifies falsely or evasively,
or violates any condition accompanying such immunity without just
cause,
as determined in a hearing by the proper court, his immunity shall be
removed
and he shall be subject to contempt or criminal prosecution. Moreover,
the enjoyment of all rights and benefits under this Act shall be deemed
terminated.
The
Witness may, however, purge himself of the contumacious acts by
testifying
at any appropriate stage of the proceedings.
Sec.
14. Compelled Testimony. — Any
Witness admitted into the Program pursuant to Sections 3 and 10 of this
Act cannot refuse to testify or give evidence or produce books,
documents,
records or writings necessary for the prosecution of the offense or
offenses
for which he has been admitted into the Program on the ground of the
constitutional
right against self-incrimination but he shall enjoy immunity from
criminal
prosecution and cannot be subjected to any penalty or forfeiture for
any
transaction, matter or thing concerning his compelled testimony or
books,
documents, records and writings produced. chanrobles virtuallaw libraryred
In
case of refusal of said Witness to testify or give evidence or produce
books, documents, records, or writings, on the ground of the right
against
self-incrimination, and the state prosecutor or investigator believes
that
such evidence is absolutely necessary for a successful prosecution of
the
offense or offenses charged or under investigation, he, with the prior
approval of the department, shall file a petition with the appropriate
court for the issuance of an order requiring said Witness to testify,
give
evidence or produce the books, documents, records, and writings
described,
and the court shall issue the proper order.
The
court, upon motion of the state prosecutor or investigator, shall order
the arrest and detention of the Witness in any jail contiguous to the
place
of trial or investigation until such time that the Witness is willing
to
give such testimony or produce such documentary evidence.
Sec.
15. Perjury or Contempt. — No
Witness shall be exempt from prosecution for perjury or contempt
committed
while giving testimony or producing evidence under compulsion pursuant
to this Act. The penalty next higher in degree shall be imposed in case
of conviction for perjury. The procedure prescribed under Rule 71 of
the
Rules of Court shall be followed in contempt proceedings but the
penalty
to be imposed shall not be less than one (1) month but not more than
one
(1) year imprisonment. chanrobles virtuallaw libraryred
Sec.
16. Credibility of Witness. —
In all criminal cases, the fact of the entitlement of the Witness to
the
protection and benefits provided for in this Act shall not be
admissible
in evidence to diminish or affect his credibility.
Sec.
17. Penalty for Harassment of
Witness. — Any person who harasses a Witness and thereby hinders,
delays,
prevents or dissuades a Witness from:
(a) attending
or testifying before any judicial or quasi-judicial body or
investigating
authority; (b) reporting
to a law enforcement officer or judge the commission or possible
commission
of an offense, or a violation of conditions or probation, parole, or
release
pending judicial proceedings; chanrobles virtuallaw libraryred
(c) seeking
the arrest of another person in connection with the offense;
(d) causing
a criminal prosecution, or a proceeding for the revocation of a parole
or probation; or
(e) performing
and enjoying the rights and benefits under this Act or attempts to do
so,
shall be fined not more than Three thousand pesos (P3,000.00) or suffer
imprisonment of not less than six (6) months but not more than one (1)
year, or both, and he shall also suffer the penalty of perpetual
disqualification
from holding public office in case of a public officer.
Sec.
18. Rules and Regulations. —
The Department shall promulgate such rules and regulations as may be
necessary
to implement the intent and purposes of this Act. Said rules and
regulations
shall be published in two (2) newspapers of general circulation.chanrobles virtual law library
Sec.
19. Repealing Clause. — All laws,
decrees, executive issuances, rules and regulations inconsistent with
this
Act are hereby repealed or modified accordingly.chanrobles virtuallaw libraryred
Sec.
20. Funding. — The amount of
Ten million pesos (P10,000,000.00) is hereby authorized to be
appropriated
out of any funds in the National Treasury not otherwise appropriated to
carry into effect the purpose of this Act.cralaw:red
Expenses
incurred in the implementation of the Program may be recovered as part
of the cost or indemnity imposed upon the accused.cralaw:red
Furthermore,
other funding schemes or sources, subject to the limitations of the
law,
shall be allowed in furtherance hereof.cralaw:red
Sec.
21. Separability Clause. — The
declaration of unconstitutionality or invalidity of any provision of
this
Act shall not affect the other provisions hereof.cralaw:red
Sec.
22. Effectivity. — This Act shall
take effect after fifteen (15) days following its publication in two
(2)
newspapers of general circulation. chanrobles virtuallaw libraryred
Approved:
April 24, 1991
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